Corporate Governance in Startups: Legal Challenges and Frameworks in India

  • Anamika Baid
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  • Anamika Baid

    Student at Unitedworld School of Law, Karnavati University, India

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Abstract

Corporate governance plays a pivotal role in shaping the operational and strategic framework of startups, influencing their sustainability, investor confidence, and regulatory compliance. This research delves into the evolving landscape of corporate governance in Indian startups, examining its challenges, opportunities, and alignment with global best practices. While corporate governance in established corporations is well-structured, startups operate in a dynamic and high-risk environment, often prioritizing growth over governance. The study evaluates key governance issues such as transparency, board composition, compliance, and the balance between founder control and investor interests. It explores the regulatory framework governing startups in India, particularly the role of SEBI, MCA, and DPIIT in fostering an ecosystem that encourages accountability while promoting innovation. The research also undertakes a comparative analysis of governance models in mature markets such as the United States and the European Union, identifying lessons that can be adapted to the Indian startup ecosystem. A critical examination of venture capital-backed startups highlights the impact of external investments on governance structures, shedding light on conflicts between founders and investors. Additionally, the study discusses the increasing relevance of Environmental, Social, and Governance (ESG) principles in startup governance, particularly in securing funding from institutional investors. Through an extensive review of literature, case studies, and regulatory analysis, this research presents a comprehensive understanding of corporate governance dynamics in startups. It further evaluates mechanisms such as independent directors, advisory boards, and shareholder agreements as tools for mitigating governance risks. The findings underscore the necessity for startups to integrate governance structures early in their lifecycle to enhance credibility and long-term sustainability. Conclusively, the study proposes policy recommendations to strengthen governance frameworks in Indian startups, ensuring a balance between regulatory oversight and entrepreneurial flexibility, thereby fostering a robust startup ecosystem in India.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2961 - 2983

DOI: https://doij.org/10.10000/IJLMH.119396

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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